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The Capitol Connection Judicial Council of California Volume 5, Issue 8 Administrative Office of the Courts Office of Governmental Affairs August 2003 T HE CAPITOL CONNECTION GOVERNOR SIGNS BUDGET INSIDE THIS ISSUE alling it “no reason for celebration,” $17.7 to $8.5 million in the judiciary and C Governor Davis signed the Budget Act from $116 to $85 million in the trial of 2003 and a companion bill, AB 1759 on courts and replaced the funding for reduc- August 2. Part of the budget package, AB tions that were tied to the adoption of the Legislative Review 2 1759 raises existing court fees and imposes a security, electronic recording, and owner- number of new ones. Other than technical ship of the record proposals. The plan The Gubernatorial adjustments and a 15-day delay in the effec- signed by the governor includes a further Recall: In their own 4 tive date of most of the fees, the new and reduction in the Trial Court budget of Words increased fees previously reported here have $11 million, to be offset by decreased se- been enacted without any changes. curity costs. The budget act requires the Ripped from the 6 Readers will recall that the Legislature’s sub- Judicial Council to adopt rules, standards Headlines committees rejected the $133.7 million in and policies to reduce and constrain unallocated reductions. Instead, the Legisla- growth in trial court security costs. For a Other Groups Propose description of the fee changes, please see Changes to the Justice 8 ture adopted reduced reductions proposed System in the Governor’s January budget from the July issue of The Capitol Connection. UNFAIR COMPETITION LAW REFORMS MOVE FORWARD wo bills that together seek to reform the state’s Unfair by the plaintiffs’ bar to increase awards, rather than a T Competition Law (UCL) passed key legislative commit- meaningful reform of the UCL. The bill’s supporters tees and will be headed for floor votes after the Legislature contend that SB 122 would discourage frivolous filings returns from its recess on August 18. The bills are the survi- under the UCL and that disgorgement is an appropriate vors among a number of legislative attempts to respond to remedy. the tactics of a number of law firms that access public infor- The other bill, AB 95 by Assembly Member Ellen Corbett mation about administrative violations of small businesses (D-San Leandro), would require a plaintiff in a UCL ac- and then threaten actions under the UCL to extract settle- tion to provide the defendant with information regarding ments. his or her rights, including the right to seek legal advice. SB 122 by Sen. Martha Escutia (D-Whittier) passed the As- The notice would also inform defendants about how to sembly Judiciary Committee on a partisan 9-4 vote. This bill, get more information about UCL actions. supported by the plaintiffs bar, seeks to discourage frivolous Both bills must be enacted for either of them to become filings under the UCL by requiring that anyone bringing an effective. action would have to submit a copy of the complaint to the State Bar or face possible disciplinary measures for failure to The Legislature’s interest in UCL reform is a result of the do so. The bill would also require court approval of any at- tactics of a number of firms, including Beverly Hills’ torney fees paid under a private UCL action brought on be- Trevor Law Group. The firm’s attorneys have been sued half of the general public. by the Attorney General, and suspended from the practice of law by the State Bar. All three Trevor attorneys have The most controversial provision of the bill would allow resigned from the Bar rather than face disbarment pro- plaintiffs to seek disgorgement of a defendant’s profits ceedings. gained through unfair business practices. This provision has led pro -business advocates to denounce the bill as an attempt The Capitol Connection Page 2 LEGISLATIVE REVIEW he following is an update on selected court-related of outstanding fees, fines, penalties, and assessments. T bills. Status: Assembly Floor JC position: Sponsor COURT ADMINISTRATION AB 782 (Kehoe), as introduced. Trial court employees: COURT OPERATIONS employment relations AB 1710 (Assm. Jud. Comm.), as amended July 15, Grants to the Public Employment Relations Board author- 2003, Court operations ity to process claims involving violations of statutes or rules Includes a number of substantive and technical changes relating to employment relations between trial courts and pertaining to court operations: makes technical and clari- recognized employee organizations. fying amendments in the areas of family and juvenile law; Status: Senate Judiciary Committee allows Court Appointed Special Advocate programs to JC Position: Oppose unless amended seek criminal background information on prospective vol- unteers directly from the Department of Justice, instead of AB 1641 (Keene), as amended July 16, 2003. Emergency working through the court; clarifies that the 10 percent Powers surcharge does not apply to fees that were incorrectly Gives the Chief Justice additional flexibility to take neces- listed in the 2002 budget trailer bill AB 3000; provides sary actions in a state of judicial emergency. that the 20 percent surcharge established in budget trailer Status: Assembly Floor (Concurrence in Senate amend- bill AB 3000 is not remitted to the county as part of the ments pending) traffic violator school fee but instead is remitted to the JC Position: Sponsor state General Fund; allows the jury instruction royalties to SB 328 (Senate Judiciary Committee), as amended June be deposited in the Trial Court Improvement Fund to 4, 2003, Trial Court Facilities Act: Clean Up fund continued improvement of the jury system. Makes technical changes and corrections to the Trial Court Status: Assembly Floor (Concurrence in Senate amend- Facilities Act. Repeals an obsolete provision related to ments pending) Fresno County employee classifications. JC Position: Sponsor Status: Assembly Appropriations Committee JC Position: Co-Sponsor CIVIL AB 95 (Corbett), as amended May 12, 2003. Unfair com- SB 818 (Escutia), as amended June 17, 2003. Trial Court petition law: private actions Interpreter Employment and Labor Relations Act: Clean Includes new notice provisions to inform defendants of Up their rights in UCL actions, and clarifies joinder provi- Revises a number of the implementation dates and extends sions. Provides that this bill becomes operative only if SB the ending date of the regional transition period for the 122 is enacted, and provides that the provisions of the bill program from January 1, 2005, to July 1, 2005. Makes are not severable. other revisions to the act, including technical nonsubstan- Status: Senate Floor tive changes. Status: Senate Floor (Concurrence in Assembly amend- AB 1712 (Assembly Judiciary Committee), as amended ments pending) July 22, 2003. Civil procedure clean-up JC Position: Co-Sponsor Conforms various statutory provisions of law to the aboli- tion of municipal courts and their unification within the SB 940 (Escutia), as amended July 10, 2003, Enhanced superior courts. Makes other technical and clarifying Collection of Court-Ordered Penalties changes with respect to judicial arbitration proceedings, Requires the Judicial Council to adopt guidelines for a jury lists, service of process, small claims court, and wit- comprehensive collection program, establish a collabora- ness fees. tive court-county working group on collections, and report on the effectiveness of collection programs. Authorizes the Status: Senate Floor JC Position: Sponsor Judicial Council to establish a program providing for the suspension and non-renewal of business and professional (Continued on page 3) licenses and an amnesty program involving the collection The Capitol Connection Page 3 L EGISLATIVE REVIEW (Continued from page 2) or her to the court authorized to hear an appeal of the SB 122 (Escutia), as amended July 16, 2003. Unfair com- judgment in the main action. In the alternative, allows petition law : private enforcement actions the party to a criminal action to include a challenge to the Requires the court to review the attorney's fees to be paid sanction order or finding of contempt in its appeal after in a settlement or other pre-trial disposition of any private entry of final judgment in the main action. Requires the action brought in the public interest to enforce the UCL. court to stay the execution of the order or imposition of Provides that the court may order any equitable relief, in- punishment pending appeal, unless it finds on the record cluding disgorgement, as an available remedy in private that a stay would frustrate the interests of justice. UCL actions. Clarifies that defendants cannot be joined in Status: Senate Public Safety Committee a UCL action just because they are engaged in the same or JC Position: Oppose similar businesses and are alleged to have violated the same SB 3 (Burton), as amended June 26, 2003. Death pen- or similar laws. alty: mental retardation Status: Assembly Floor In response to the U.S. Supreme Court's decision ban- ning execution of a mentally retarded defendant (Atkins v. CRIMINAL LAW Virginia, 536 U.S. 304), establishes a process requiring a AB 155 (Kehoe), as amended June 10, 2003. Criminal court to order a trial, prior to the adjudication of guilt, to procedure: good cause continuance. determine whether a defendant is mentally retarded. Provides that good cause for a continuance in a homicide Places the burden on the prosecution to prove beyond a or forcible sex crime case may include the temporary un- reasonable doubt that the defendant is not mentally re- availability of requested forensic DNA analysis results and tarded. reports, when the DNA evidence at issue is pending analy- Status: Assembly Appropriations Committee sis at a laboratory at the time a motion for continuance is made.
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